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ROGER AGBADI v. THE REPUBLIC

October 25, 2018

COURT OF APPEAL

GHANA

CORAM

  • KUSI-APPIAH, JA (PRESIDING)
  • C. J. HONYENUGA, JA
  • DENNIS ADJEI, JA

Areas of Law

  • Criminal Law and Procedure
  • Evidence Law

AI Generated Summary

This Ghana Court of Appeal decision, authored by C. J. Honyenuga, JA, concerns an appeal by a man convicted with three others of conspiracy to rob and robbery at Aku Orleons-Lindsay’s East Legon residence. The robbers posed as Electricity Company workers, subdued housemaid Janet Afful at gunpoint and with rope, and stole a Toyota Camry and numerous valuables. Following a tip-off, police arrested the appellant and co-convicts, recovered the Camry and other items, and obtained a confession and exhibits including a toy pistol and rope. At trial, PW1 and several police witnesses provided detailed testimony, and an identification parade corroborated PW1’s identification. Applying established standards on second appeals, burden of proof, and the elements of robbery, the Court of Appeal found the evidence supported the concurrent findings and affirmed the conviction. On sentencing, guided by section 149(1) and Kwashie, the court held the High Court’s reduction to 15 years—the statutory minimum for robbery with offensive weapons—was lawful, not harsh or excessive. Presiding Judge F. Kusi-Appiah, JA, and Dennis Adjei, JA, concurred.

JUDGMENT